With the increasing growth in popularity of the Internet, it has become a relatively common occurrence to purchase books, software, music compact disks (CDs), etc. through transactions in which the user provides a credit card number and shipping/billing address to an on-line merchant, who then ships the goods to the purchaser. In the case of software sold over the Internet, the prospective purchaser may be permitted to download a demo version of the software for preview. The demo version typically is either not fully functional (e.g., it is unable to print or store a file created with the software) or can only be used for a defined limited time after being installed on the user's computer. If the prospective purchaser is pleased with the performance of the software product in demo form, a fully functional version of the software will likely be purchased. To avoid requiring the user to download a second fully functional version, the software distributor or vendor often provides the user with a registration number or key that enables the full functionality and unlimited time use to be achieved by unlocking the demo version originally downloaded, thereby effectively converting the demo version of the software product to a fully functional version.
For the distribution and sale of application software over a network, the above-described approach serves reasonably well. However, it is less useful when the digital product that is being distributed is a creative work product resulting from the application of artistic skill. In such cases, the originating author often does not have the needed software skills to implement complex software copy protection schemes. Also, such softgoods require additional software to experience the digital product when the digital product is downloaded to a new computer. Examples of such digital products, which are referred to herein as “softgoods,” include music files that can be played on a computer provided with a sound card and sound system using an appropriate player program, graphic art that be displayed on a computer monitor, perhaps interactively responding to sound or other data/sensor input, and other types of audio visual works that are playable on a computer with the appropriate software. Although softgoods will typically be licensed to a user, the license to use a softgood would most likely be sold to a user, rather than a fee title to the softgood. Accordingly, as used herein and in the claims that follow, it will be understood that the “sale or purchase of a softgood” is intended to implement either a transfer of all rights and title in a softgood, or to grant rights to use a softgood under a license.
Clearly, there are many types of softgoods that might be more efficiently distributed over the Internet or via almost any other channel of distribution and sampled by potential purchasers, if a more effective procedure were provided to enable the softgoods to be previewed, and if acceptable to the user, purchased using the same program required to play the softgood. Copying of softgoods and exchange of the copies by prospective purchasers could then be encouraged to facilitate exposure of the creative works to the largest possible audience. However, it is not intended that softgoods be given away. Once a prospective purchaser has previewed a softgood, any further use of the softgood on that party's computer should be precluded unless the softgood is first purchased.
Depending upon the nature of the softgood, the player program used, and other factors, there may be many ways to limit the scope of a preview of a softgood. For some types of softgoods, it may be desirable to provide an optimum first impression, and thus, a user should preferably be enabled to fully experience the softgood by playing it on an appropriate player program. After this initial first impression, it may be desirable to limit the quality of the softgood during any further preview of the work by that user, for example, by enabling the softgood to be played in a window of limited size, or at a limited resolution, or with fewer colors, or with audio only, or video only. It may also be desirable to enable a demonstration of the softgood, but not the full scope of the softgood, to be experienced using a general purpose multimedia player program (rather than a player program normally used to fully experience the softgood). For other types of softgoods, the first impression may be less important, and the preview may be limited in duration, number of preview plays, length of preview play, quality (size of window, resolution, number of colors, etc.), or in other ways, so that the user is encouraged to purchase the softgood to overcome the preview limitation.
It would be desirable to provide a service that (1) enables those who have created or modified softgoods to readily distribute them to prospective purchasers connected through a network like the Internet; and, (2) permits prospective purchasers to sample and preview softgoods and, at their option, purchase the softgoods. A service achieving these functions could thus provide a system to facilitate the distribution and sale of softgoods and tracks each purchase of a softgood in return for a portion of the purchase fee. Such a service would distribute part of the proceeds of each sale of a softgood to the party who created it, and would create and maintain a database in which each such transaction is recorded. A creator of a softgood, although not directly involved in the transaction, would receive revenue from each purchase of a copy of that softgood. Such a service would free the creator of a softgood from the burden of administering purchase transactions and softgood distribution.
Any service that facilitates the purchase of softgoods would also likely connect on-line with a credit card, debit card, or similar digital transaction approval agency during a purchase transaction, to ensure that a purchaser's credit is valid and that the transaction is approved before providing a registration identifier to register the softgood on a purchaser's computer.
For some types of softgoods, a purchaser may wish to make changes in the work, resulting in a derivative work. The author or composer's name, contact information for the author or composer, date of creation of the work, purchase price, and other relevant information about the softgood should be retained within each softgood, even if a purchaser is enabled to modify the softgood to produce such a derivative work. Furthermore, as an option, the creator of a softgood should be able to selectively preclude a user from making changes to the softgood, to preserve the integrity of a composition embodied therein.
As noted above, it would also be desirable to associate a purchase price with a softgood and to retain this purchase price within the softgood. However, since the value of a softgood can change over time, a mechanism should be provided for adjusting the initial purchase price as necessary to reflect the current market value of the softgood. Currently, the features noted above are generally not provided in the prior art.
Artistically creative people who develop softgoods should be freed of the burden of distributing and selling their works. Clearly, a system like that discussed above that promotes the free and widespread circulation of softgoods, facilitates their sale, and provides for a proportional distribution of revenue to the creators of the softgoods from each such sale should greatly minimize this burden. To facilitate tracking of softgoods through the distribution, preview, and purchase process, each softgood should be internally provided with a unique identifier. This unique identifier can simplify the billing, payment, and revenue distribution process. In addition, reference to the unique identifier can provide means for tracking the use of softgoods and of any derivative works, thereby encouraging the purchase of such derivative works.